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WHITMAN CORP. v. COMMERCIAL UNION INS. CO.

No. 1-00-3954.

782 N.E.2d 297 (2002)

335 Ill. App.3d 859

270 Ill.Dec. 103

WHITMAN CORPORATION, a Delaware Corporation headquartered in Illinois, and Pneumo Abex Corporation, a Delaware Corporation, Plaintiffs-Appellants, v. COMMERCIAL UNION INSURANCE COMPANY, a Massachusetts corporation; Michigan Mutual Insurance Company, a Michigan corporation and United States Fire Insurance Company, a New York corporation, Defendants-Appellees.

Appellate Court of Illinois, First District, Second Division.

November 26, 2002.

Attorney(s) appearing for the Case

Lea Leadbeater and Douglas W. Michaud, Fogani Guibord Homsy & Roberts, Chicago, for Plaintiffs-Appellants.

David P. Cutler, Cutler & Hull, Chicago, for Defendant-Appellee Commercial Union Insurance Company.

Tressler Soderstrom Maloney & Priess (David E. Trainor and Brett L. Warning, of counsel), Chicago, for Defendant-Appellee Michigan Mutual Insurance Company.

John D. Dalton, Merlo Kanofsky & Brinkmeier, Ltd., Chicago, for Defendant-Appellee United States Fire Insurance Company.

Presiding Justice McBRIDE delivered the opinion of the court:

Plaintiffs-appellants, Whitman Corporation (Whitman) and Pneumo Abex Corporation (Pneumo Abex) (collectively plaintiffs), appeal from the trial court's dismissal of counts III and IV of plaintiffs' third amended declaratory judgment complaint under section 2-615 of the Illinois Code of Civil Procedure. 735 ILCS 5/2-615 (West 1998). Defendants-appellees are Commercial Union Insurance Company (Commercial...

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